Rough v. Simmons (1884) · DecisionDepot

Rough v. Simmons

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court May 9, 1884 No. No. 9,117Published

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Holding. The court held that the trial court erred in sustaining a general demurrer to a complaint alleging ownership and possession of property against an adverse claim.

Issues

Whether a complaint alleging ownership and possession of property against an adverse claim is sufficient to withstand a general demurrer.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“A general demurrer to the complaint was sustained by the Superior Court. This was error.”

“Judgment reversed and cause remanded, with direction to the court below to overrule the defendant’s demurrer to the complaint.”

Synopsis

Pleading—Sufficiency of Complaint—Action to Quiet Title.—A complaint which alleges that plaintiff is the owner and in possession of certain land, and that the defendant claims an estate or interest therein, but has none, states a cause of action.

The Court. The complaint alleges that plaintiff is the owner and in possession of the easterly 11 42-100 acres of the Colonel Limberger Placer Mine, and that defendant claims an estate or interest therein adverse to the plaintiff, which claim is without right, and that defendant has no estate, right, title, or interest in the said 11 42-100 acres, etc. A general demurrer to the complaint was sustained by the Superior Court. This was error.

Judgment reversed and cause remanded, with direction to the court below to overrule the defendant’s demurrer to the complaint.

Rough v. Simmons

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